BILL NUMBER: SB 600 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 16, 1999
AMENDED IN ASSEMBLY JULY 8, 1999
AMENDED IN SENATE APRIL 5, 1999
INTRODUCED BY Senator Costa
FEBRUARY 23, 1999
An act to amend Sections 1141.18 116.760,
631.3, 1141.18, and 1141.28 of the Code of Civil
Procedure, to amend Sections 68085, of Civil
Procedure, to amend Section 7895 of the Family Code, to amend
Sections 68085, 70141, 72055, 77009, 77201.1, 77212, and 77654
of , and to add Section 811.9 to, the Government Code, to
amend Section 1037 of the Penal Code, and to amend Section 100 of
, to amend and repeal Section 326 of, and to add Section 326.5
to, the Welfare and Institutions Code, relating to
trial court funding courts .
LEGISLATIVE COUNSEL'S DIGEST
SB 600, as amended, Costa. Trial court funding.
(1) Existing law requires a party that appeals a judgment in
small claims court to pay the same superior court filing fee that is
required for an appeal of a limited civil case.
This bill would require payment of the same fees required for an
appeal of a limited civil case.
(2) Existing law prohibits a refund of jury fees deposited with a
judge or clerk when a case is settled or a continuance is granted on
a motion by the depositing party if the court makes a finding
regarding insufficient notice to the jurors.
This bill would extend the applicability of this prohibition to
also apply where the depositing party waives a jury if the court
makes a finding regarding insufficient notice to jurors. The bill
would also require jury fees deposited in advance of trial prior to
January 1, 1999, and which remain on deposit in specified cases, to
be transmitted to the Controller for deposit in the Trial Court Trust
Fund.
(3) Existing law provides that the county may increase the
compensation for arbitrators in that county.
This bill would provide instead that the Judicial Council may
increase the compensation for arbitrators in a county.
(2)
(4) Existing law provides for the county to pay for the
costs of arbitration, except as specified.
This bill would require the court to pay for the costs of
arbitration, except as specified.
(3)
(5) Existing law requires the state to pay for the preparation and
transmittal of the reporter's and clerk's transcripts upon an appeal
from a judgment freeing a child who is a dependent of the juvenile
court from parental custody and control. Existing law authorizes the
state to seek reimbursement from the appellant for the cost of the
transcripts, as specified.
This bill would delete the requirement that the state pay the
above-described costs and would authorize the court to seek
reimbursement from the appellant.
(6) Existing law provides for the liability of public entities and
public employees.
This bill would provide that judges, subordinate judicial
officers, and court administrators and executive officers of the
superior and municipal courts are state officers for purposes of
specified provisions of existing law regarding claims and actions
against public entities and public employees. It also would make a
related statement of legislative intent.
(7) Existing law requires the Judicial Council to report to
the Legislature on alternative procedures that would improve the
collection and remittance of revenues to the Trial Court Trust Fund
no later than February 1, 1999.
This bill would extend that date to February 1, 2000.
(4)
(8) Existing law prohibits child support commissioners appointed
by the superior court from being deemed a court operation for
purposes of state funding of the courts.
This bill would delete this provision.
(9) Existing law requires each county to establish a Trial
Court Operations Fund in the county treasury, as specified.
This bill would require all funds received by a trial court for
operating and program purposes to be deposited in the trial court
operations fund; and would require funds received for funding child
support commissioners and family law facilitators, and specified
funds received for purposes other than court operations, to be placed
in special accounts in that fund, as specified.
(5)
(10) Existing law specifies various amounts, and contingent
revisions to those amounts, which certain counties are required to
remit to the state for purposes of trial court funding beginning on
July 1, 1999; and provides for the continuation of services provided
to courts by counties or cities and counties.
(6)
(11) Existing law provides that a county shall be
responsible for providing necessary facilities for judicial officers
and support staff for judicial positions created prior to July 1,
1996, during the period from July 1, 1997, to June 30, 2001; and that
a county shall be responsible for necessary facilities for judicial
officers and support staff for judgeships authorized by statutes
chaptered in 1996; but that the state shall assume financial
responsibility for necessary facilities for judicial officers and
support staff for judgeships authorized from January 1, 1998, to June
30, 2001, unless the county and the court agree to the contrary.
This bill would further provide that if the state assumes full
responsibility for court facilities after June 30, 2001, a county
shall be reimbursed for costs incurred by the county general fund for
new court facilities constructed or under construction between
January 1, 2000, and the date of the state assumption of
responsibility for court facilities; and if the state assumes a
shared responsibility for court facilities after June 30, 2001, a
county shall be reimbursed for costs incurred by the county general
fund for new court facilities constructed or under construction
between January 1, 2000, and the date of the state assumption of
shared responsibility for court facilities, in the same proportion as
the state's responsibility for court facilities after June 30, 2001.
(7)
(12) Existing law provides that when a court orders a change
of venue in a criminal case to another county all costs incurred by
that county, which are not payable by the state, as specified, shall
be a charge against the county in which the action originated.
This bill would provide, instead, that when a court orders a
change of venue to a court in another county all costs incurred by
that court or county, which are not payable by the state, as
specified, shall be a charge against the court or the county in which
the action originated. The bill would further provide that costs
that are included in the definition of court operations shall be
considered court costs and are a charge against the court in the
county in which the action originated; that all other costs shall be
considered county costs and are a charge against the county in which
the action originated; and that the presiding judge of the court, or
his or her designee, shall authorize, and the treasurer shall pay,
the amount of court costs out of the Trial Court Operations Fund as
directed by the court.
(8)
(13) Existing law requires the Judicial Council to establish
or expand court-appointed special advocate programs pursuant to a
request-for-proposal process, upon application by a board of
supervisors.
This bill would delete the requirement for application by a board
of supervisors.
(9)
(14) Existing law requires, for purposes of federal Child Abuse
Prevention and Treatment Act grants, the probation officer or social
worker who files a petition where there is alleged neglect or abuse
of a minor to be the guardian ad litem to represent the interest of
the minor unless the court appoints another.
This bill would provide that the above-described requirement would
become inoperative on July 1, 2000, and be repealed January 1, 2001,
and would require the Judicial Council to adopt a rule effective
July 1, 2000, that requires the appointment of a guardian ad litem,
who may be an attorney or a court appointed special advocate, for
minors in which there is filed a petition with the juvenile court
based upon neglect or abuse or in which a prosecution is initiated
arising from abuse or neglect of a minor.
(15) The bill would impose a state-mandated local program by
imposing new duties upon courts and the county treasurer.
(10)
(16) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement, including the creation of a State Mandates
Claims Fund to pay the costs of mandates that do not exceed
$1,000,000 statewide and other procedures for claims whose statewide
costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would make a technical, nonsubstantive change in those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 116.760 of the Code of Civil Procedure is
amended to read:
116.760. (a) The appealing party shall pay the same
superior court filing fee fees that is
are required for an appeal of a limited civil
case.
(b) A party who does not appeal shall not be charged any fee for
filing any document relating to the appeal.
SEC. 2. Section 631.3 of the Code of Civil Procedure is amended to
read:
631.3. Notwithstanding any other provision of law, when a party
to the litigation has deposited jury fees with the judge or clerk and
that party waives a jury or obtains a continuance of the trial,
or the case is settled or a continuance is granted on
motion of the party depositing the jury fees , none of the
deposit shall be refunded if the court finds there has been
insufficient time to notify the jurors that the trial would not
proceed at the time set. If the jury fees so deposited are not
refunded for the reasons herein specified, or if a refund of jury
fees deposited with the judge or clerk has not been requested, in
writing, by the depositing party within 20 business days from the
date on which the jury is waived or the action is settled,
dismissed, or a continuance thereof granted, the fees shall be
transmitted to the Controller for deposit into the Trial Court Trust
Fund. All jury fees and mileage fees that may accrue by reason of a
juror serving on more than one case in the same day shall be
transmitted to the Controller for deposit into the Trial Court Trust
Fund. All jury fees that were deposited with the court in
advance of trial pursuant to Section 631 prior to January 1, 1999,
and which remains on deposit in cases that were settled, dismissed,
or otherwise disposed of prior to January 1, 1998, shall be
transmitted to the Controller for deposit into the Trial Court Trust
Fund.
SEC. 3. Section 1141.18 of the Code of Civil Procedure is
amended to read:
1141.18. (a) Arbitrators shall be retired judges, retired court
commissioners who were licensed to practice law prior to their
appointment as a commissioner, or members of the State Bar, and shall
sit individually. A judge may also serve as an arbitrator without
compensation. People who are not attorneys may serve as arbitrators
upon the stipulation of all parties.
(b) The Judicial Council rules shall provide for the compensation,
if any, of arbitrators, except that no compensation shall be paid
prior to the filing of the award by the arbitrator, or prior to the
settlement of the case by the parties. Compensation for arbitrators
shall, unless waived in whole or in part, be one hundred fifty
dollars ($150) per case, or one hundred fifty dollars ($150) per day,
whichever is greater, except that the Judicial Council may, after
consultation with the affected courts in the county or city and
county, set a higher level of compensation for courts in that county
or city and county. .
(c) The board of governors of the State Bar shall provide by rule
for the method of selection of arbitrators after consulting with
administrative committees established pursuant to Rule 1603 of the
Judicial Arbitration Rules for Civil Cases and with county bar
associations in counties where there are no administrative
committees. These rules shall provide for specialized panels and
shall become operative upon approval of the Judicial Council.
(d) Any party may request the disqualification of the arbitrator
selected for his or her case on the grounds and by the procedures
specified in Section 170.1 or 170.6. A request for disqualification
of an arbitrator on grounds specified in Section 170.6 shall be made
within five days of the naming of the arbitrator. An arbitrator
shall disqualify himself or herself, upon demand of any party to the
arbitration made before the conclusion of the arbitration proceedings
on any of the grounds specified in Section 170.1.
SEC. 2.
SEC. 4. Section 1141.28 of the Code of Civil Procedure is
amended to read:
1141.28. (a) All administrative costs of arbitration, including
compensation of arbitrators, shall be paid for by the court in which
the arbitration costs are incurred, except as otherwise provided in
subdivision (b) and in Section 1141.21.
(b) The actual costs of compensation of arbitrators in any
proceeding which would not otherwise be subject to the provisions of
this chapter but in which arbitration is conducted pursuant to this
chapter solely because of the stipulation of the parties, shall be
paid for in equal shares by the parties. If the imposition of these
costs would create such a substantial economic hardship for any party
as not to be in the interest of justice, as determined by the
arbitrator, that party's share of costs shall be paid for by the
court in which the arbitration costs are incurred. The determination
as to substantial economic hardship may be reviewed by the court.
SEC. 3.
SEC. 5. Section 7895 of the Family Code is amended to read:
7895. (a) Upon appeal from a judgment freeing a child who is a
dependent child of the juvenile court from parental custody and
control, the appellate court shall appoint counsel for the appellant
as provided by this section.
(b) Upon motion by the appellant and a finding that the appellant
is unable to afford counsel, the appellate court shall appoint
counsel for the indigent appellant, and appellant's counsel shall be
provided a free copy of the reporter's and clerk's transcript. All
of those costs are a charge against the state.
(c) The reporter's and clerk's transcripts shall be prepared and
transmitted immediately after filing of the notice of appeal
, at state expense and without advance payment of fees.
If the appellant is able to afford counsel, the state
court may seek reimbursement from the appellant
for the cost of the transcripts under subdivision (c) of Section
68511.3 of the Government Code as though the appellant had been
granted permission to proceed in forma pauperis.
SEC. 6. Section 811.9 is added to the Government Code, to read:
811.9. (a) Notwithstanding any other provision of law, judges,
subordinate judicial officers, and court administrators and executive
officers of the superior and municipal courts are state officers for
purposes of Sections 810 to 996.6, inclusive.
(b) The terms "court administrator" and "executive officer" refer
solely to the senior administrator or executive officer of the court.
Nothing in this section shall be construed to apply to other trial
court employees, nor to otherwise affect the status of trial court
employees.
(c) To promote the cost-effective, prompt, and fair resolution of
actions, proceedings, and claims affecting the trial courts, the
Judicial Council shall adopt rules of court requiring the
Administrative Office of the Courts to manage actions, proceedings,
and claims that affect the trial courts and involve superior or
municipal courts, superior or municipal court judges, superior or
municipal court subordinate judicial officers, or superior or
municipal court administrators or executive officers in consultation
with the affected courts and individuals. The Administrative Office
of the Courts' management of these actions, proceedings, and claims
shall include, but not be limited to, case management and
administrative responsibilities such as selecting counsel and making
strategic and settlement decisions.
SEC. 7. Section 68085 of the Government Code is amended to
read:
68085. (a) (1) There is hereby established the Trial Court Trust
Fund, the proceeds of which shall be apportioned at least quarterly
for the purpose of funding trial court operations, as defined in
Section 77003. In no event shall apportionment payments exceed 30
percent of the total annual apportionment to the Trial Court Trust
Fund for state trial court funding in any 90-day period.
(2) The apportionment payments shall be made by the Controller.
For fiscal year 1997-98, the Controller shall make the first
apportionment payment within 10 days of the operative date of this
section. The final payment from the Trial Court Trust Fund for each
fiscal year shall be made on or before August 31 of the subsequent
fiscal year.
(3) If apportionment payments are made on a quarterly basis, the
payments shall be on July 15, October 15, January 15, and April 15.
In addition to quarterly payments, a final payment from the Trial
Court Trust Fund for each fiscal year may be made on or before August
31 of the subsequent fiscal year.
(b) Notwithstanding any other provision of law, the fees listed in
subdivision (c) shall all be deposited upon collection in a special
account in the county treasury, and transmitted herefrom monthly to
the Controller for deposit in the Trial Court Trust Fund.
(c) (1) Except as specified in subdivision (d), this section
applies to all fees collected pursuant to Sections 631.3 and 116.230
of the Code of Civil Procedure and Sections 26820.4, 26823, 26826,
26826.01, 26827, 26827.4, 26830, 26832.1, 26833.1, 26835.1, 26836.1,
26837.1, 26838, 26850.1, 26851.1, 26852.1, 26853.1, 26855.4, 26862,
27081.5, 68086, 72055, 72056, 72056.01, and 72060.
(2) If any of the fees provided for in this subdivision are
partially waived by court order, and the fee is to be divided between
the Trial Court Trust Fund and any other fund, the amount of the
partial waiver shall be deducted from the amount to be distributed to
each fund in the same proportion as the amount of each distribution
bears to the total amount of the fee.
(3) Any amounts transmitted by a county to the Controller for
deposit into the Trial Court Trust Fund from fees collected pursuant
to Section 27361 between January 1, 1998, and the effective date of
this paragraph shall be credited against the total amount the county
is required to pay to the state pursuant to paragraph (2) of
subdivision (b) of Section 77201 for the 1997-98 fiscal year.
(d) This section does not apply to that portion of a filing fee
collected pursuant to Section 26820.4, 26826, 26827, 72055, or 72056
which is allocated for dispute resolution pursuant to Section 470.3
of the Business and Professions Code, the county law library pursuant
to Section 6320 of the Business and Professions Code, the Judges'
Retirement Fund pursuant to Section 26822.3, automated recordkeeping
or conversion to micrographics pursuant to Sections 26863 and
68090.7, and courthouse financing pursuant to Section 76238. This
section also does not apply to fees collected pursuant to
subdivisions (a) and (c) of Section 27361.
(e) This section applies to all payments required to be made to
the Trial Court Trust Fund by any county or city and county pursuant
to Section 77201, 77201.1, or 77205.
(f) Notwithstanding any other provision of law, no agency shall
take action to change the amounts allocated to any of the above
funds.
(g) Before making any apportionments under this section, the
Controller shall deduct, from the annual appropriation for that
purpose, the actual administrative costs that will be incurred under
this section. Costs reimbursed under this section shall be
determined on an annual basis in consultation with the Judicial
Council.
(h) Any amounts required to be transmitted by a county or city and
county to the state pursuant to this section shall be remitted to
the Controller no later than 45 days after the end of the month in
which the fees were collected. This remittance shall be accompanied
by a remittance advice identifying the collection month and the
appropriate account in the Trial Court Trust Fund to which it is to
be deposited. Any remittance which is not made by the county or city
and county in accordance with this section shall be considered
delinquent, and subject to the penalties specified in this section.
(i) Upon receipt of any delinquent payment required pursuant to
this section, the Controller shall calculate a penalty on any
delinquent payment by multiplying the amount of the delinquent
payment at a daily rate equivalent to 11/2 percent per month for the
number of days the payment is delinquent. Notwithstanding Section
77009, any penalty on a delinquent payment that a court is required
to reimburse to a county's general fund pursuant to this section and
Section 24353 shall be paid from the Trial Court Operations Fund for
that court.
(j) Penalty amounts calculated pursuant to subdivision (i) shall
be paid by the county to the Trial Court Trust Fund no later than 45
days after the end of the month in which the penalty was calculated.
(k) The Trial Court Trust Fund shall be invested in the Surplus
Money Investment Fund and all interest earned shall be allocated to
the Trial Court Trust Fund semiannually and shall be allocated among
the courts in accordance with the requirements of subdivision (a).
The specific allocations shall be specified by the Judicial Council,
based upon recommendations from the Trial Court Budget Commission.
(l) It is the intent of the Legislature that the revenues required
to be deposited into the Trial Court Trust Fund be remitted as soon
after collection by the courts as possible. Not later than February
1, 2000, the Judicial Council, in consultation with the California
State Association of Counties and the California County Auditors
Association, shall study and make recommendations to the Legislature
on alternative procedures that would improve the collection and
remittance of revenues to the Trial Court Trust Fund.
SEC. 4.
SEC. 8. Section 70141 of the Government Code is amended to read:
70141. (a) To assist the court in disposing of its business
connected with the administration of justice, the superior court of
any city and county may appoint not exceeding 10 commissioners, and
the superior court of every county, except a county with a population
of 4,000,000 or over, may appoint one commissioner. Each person so
appointed shall be designated as "court commissioner" of the county.
(b) In addition to the court commissioners authorized by
subdivision (a) or any other provision of law, either the superior
court or the municipal court, but not both, of any county or city and
county may appoint one additional commissioner, at the same rate of
compensation as the other commissioner or commissioners for that
court, upon adoption of a resolution by the board of supervisors
pursuant to subdivision (c).
(c) The county or city and county shall be bound by, and the
resolution adopted by the board of supervisors shall specifically
recognize, the following conditions:
(1) The county or city and county has sufficient funds for the
support of the position and any staff who will provide direct support
to the position, agrees to assume any and all additional costs that
may result therefrom, and agrees that no state funds shall be made
available, or shall be used, in support of this position or any staff
who provide direct support to this position.
(2) The additional commissioner shall not be deemed a judicial
position for purposes of calculating trial court funding pursuant to
Section 77202.
(3) The salary for this position and for any staff who provide
direct support to this position shall not be considered as part of
court operations for purposes of Sections 77003 and 77204.
(4) The county or city and county agrees not to seek funding from
the state for payment of the salary, benefits, or other compensation
for such a commissioner or for any staff who provide direct support
to such a commissioner.
(d) The court may provide that the additional commissioner may
perform all duties authorized for a commissioner of that court in the
county. In a county or city and county that has undertaken a
consolidation of the trial courts, the additional commissioner shall
be appointed by the superior or municipal courts pursuant to the
consolidation agreement.
(e) In addition to the court commissioners authorized by
subdivisions (a) and (b), the superior court of any county or city
and county shall appoint additional commissioners pursuant to
Sections 4251 and 4252 of the Family Code. These commissioners shall
receive a salary equal to 85 percent of a superior court judge's
salary. These commissioners shall not be deemed a court
operation for purposes of Section 77003.
SEC. 9. Section 72055 of the Government Code is amended to read:
72055. The total fee for filing of the first paper in a limited
civil case, shall be ninety dollars ($90), except that in cases where
the amount demanded, excluding attorney's fees and costs, is ten
thousand dollars ($10,000) or less, the fee shall be eighty-three
dollars ($83). The amount of the demand shall be stated on the first
page of the paper immediately below the caption.
This section applies to the initial complaint, petition, or
application, and any papers transmitted from another court on the
transfer of a civil action or proceeding, but does not include
documents filed pursuant to Section 491.150, 704.750, or 708.160 of
the Code of Civil Procedure.
The term "total fee" as used in this section and Section 72056
includes any amount allocated to the Judges' Retirement Fund pursuant
to Section 72056.1, any automation fee imposed pursuant to Section
68090.7, any construction fee imposed pursuant to Section 76238, and
the law library fee established pursuant to Article 2 (commencing
with Section 6320) of Chapter 5 of Division 3 of the Business and
Professions Code. The term "total fee" as used in Section
72056 includes any dispute resolution fee imposed pursuant to Section
470.3 of the Business and Professions Code. The term
"total fee" as used in this section and Section 72056 also
includes any dispute resolution fee imposed pursuant to Section
470.3 of the Business and Professions Code, but the board of
supervisors of each county may exclude any portion of this dispute
resolution fee from the term "total fee."
The fee shall be waived in any action for damages against a
defendant, based upon the defendant's commission of a felony offense,
upon presentation to the clerk of the court of a certified copy of
the abstract of judgment of conviction of the defendant of the felony
giving rise to the claim for damages. If the plaintiff would have
been entitled to recover those fees from the defendant had they been
paid, the court may assess the amount of the waived fees against the
defendant and order the defendant to pay that sum to the county.
SEC. 10. Section 77009 of the Government Code is amended to
read:
77009. (a) For the purposes of funding trial court operations,
each board of supervisors shall establish in the county treasury a
Trial Court Operations Fund, which will operate as an agency fund.
All funds appropriated in the Budget Act and allocated and
reallocated to each court in the county by the Judicial Council shall
be deposited into the fund. Accounts shall be established in the
Trial Court Operations Fund for each trial court in the county,
except that one account may be established for courts which have a
unified budget. In a county where court budgets include
appropriations for expenditures administered on a countywide basis,
including, but not limited to, court security, centralized data
processing and planning and research services, an account for each
centralized service shall be established and funded from those
appropriations.
(b) The moneys of the Trial Court Operations Fund arising from
deposits of funds appropriated in the Budget Act and allocated or
reallocated to each court in the county by the Judicial Council shall
be payable only for the purposes set forth in Sections 77003 and
77006.5, and for services purchased by the court pursuant to
subdivisions (b) and (c) of Section 77212. The presiding judge of
each court in a county, or his or her designee, shall authorize and
direct expenditures from the fund and the county auditor-controller
shall make payments from the funds as directed. Approval of the
board of supervisors is not required for expenditure from this fund.
(c) All funds received by a trial court from any source shall be
deposited in the trial court operations fund. Funds that are
received to fulfill the requirements of Article 4 (commencing with
Section 4250) of Chapter 2 of Part 2 of Division 9 and Division 14
(commencing with Section 10000) of the Family Code shall be
identified and maintained in a separate account established in the
fund for this purpose. All other funds that are received for
purposes other than court operations, as defined in Section 77003 and
Rule 810 of the California Rules of Court, shall be identified and
maintained in one or more separate accounts established in the fund
pursuant to procedures adopted by the Judicial Council. This
subdivision shall only apply to funds received by the courts for
operating and program purposes. This subdivision shall not apply to
funds received by the courts pursuant to Section 68084, if those
funds are not for operating or program use.
(d) Interest received by a county which is attributable to
investment of money required by this section to be deposited in its
Trial Court Operations Fund shall be deposited in the fund and shall
be used for trial court operations purposes.
(e) In no event shall interest be charged to the Trial Court
Operations Fund, except as provided in Section 77009.1.
(f) Reasonable administrative expenses incurred by the county
associated with the operation of this fund shall be charged to each
court on a pro rata basis in proportion to the total amount allocated
to each court in this fund.
(g) A county, or city and county, may bill trial courts within its
jurisdiction for costs for services provided by the county, or city
and county, as described in Sections 77003 and 77212, including
indirect costs as described in paragraph (7) of subdivision (a) of
Section 77003 and Section 77212. The costs billed by the county, or
the city and the county, pursuant to this subdivision shall not
exceed the costs incurred by the county, or the city and the county,
of providing similar services to county departments or special
districts.
(h) Pursuant to Section 77206, the Controller, at the request of
the Legislature or the Judicial Council, may perform financial and
fiscal compliance audits of this fund.
(i) The Judicial Council with the concurrence of the Department of
Finance and the Controller's office shall establish procedures to
implement the provisions of this section and to provide for payment
of trial court operations expenses, as described in Sections 77003
and 77006.5, incurred on July 1, 1997, and thereafter.
(j) The Judicial Council shall study alternative methods for the
establishment and management of the Trial Court Operations Fund as
provided in this section, and shall report its findings and
recommendations to the Legislature not later than November 1, 1998.
SEC. 5.
SEC. 11. Section 77201.1 of the Government Code, as amended
by Section 1 of Chapter 1017 of the Statutes of 1998, is amended to
read:
77201.1. (a) Commencing on July 1, 1997, and each year
thereafter, no county shall be responsible for funding court
operations, as defined in Section 77003 and Rule 810 of the
California Rules of Court as it read on July 1, 1996.
(b) Commencing in the 1999-2000 fiscal year, and each fiscal year
thereafter, each county shall remit to the state in four equal
installments due on October 1, January 1, April 1, and May 1, the
amounts specified in paragraphs (1) and (2), as follows:
(1) Except as otherwise specifically provided in this section,
each county shall remit to the state the amount listed below which is
based on an amount expended by the respective county for court
operations during the 1994-95 fiscal year:
Jurisdiction Amount
Alameda ........................ $ 22,509,905
Alpine ......................... -
Amador ......................... -
Butte .......................... -
Calaveras ...................... -
Colusa ......................... -
Contra Costa ................... 11,974,535
Del Norte ...................... -
El Dorado ...................... -
Fresno ......................... 11,222,780
Glenn .......................... -
Humboldt ....................... -
Imperial ....................... -
Inyo ........................... -
Kern ........................... 9,234,511
Kings........................... -
Lake ........................... -
Lassen ......................... -
Los Angeles .................... 175,330,647
Madera ......................... -
Marin .......................... -
Mariposa ....................... -
Mendocino ...................... -
Merced ......................... -
Modoc .......................... -
Mono ........................... -
Monterey ....................... 4,520,911
Napa ........................... -
Nevada ......................... -
Orange ......................... 38,846,003
Placer ......................... -
Plumas ......................... -
Riverside ...................... 17,857,241
Sacramento ..................... 20,733,264
San Benito ..................... -
San Bernardino ................. 20,227,102
San Diego ...................... 43,495,932
San Francisco .................. 19,295,303
San Joaquin .................... 6,543,068
San Luis Obispo ................ -
San Mateo ...................... 12,181,079
Santa Barbara .................. 6,764,792
Santa Clara .................... 28,689,450
Santa Cruz ..................... -
Shasta ......................... -
Sierra ......................... -
Siskiyou ....................... -
Solano ......................... 6,242,661
Sonoma ......................... 6,162,466
Stanislaus ..................... 3,506,297
Sutter ......................... -
Tehama ......................... -
Trinity ........................ -
Tulare ......................... -
Tuolumne ....................... -
Ventura ........................ 9,734,190
Yolo ........................... -
Yuba ........................... -
(2) Except as otherwise specifically provided in this section,
each county shall also remit to the state the amount listed below
which is based on an amount of fine and forfeiture revenue remitted
to the state pursuant to Sections 27361 and 76000 of this code,
Sections 1463.001, 1463.07, and 1464 of the Penal Code, and Sections
42007, 42007.1, and 42008 of the Vehicle Code during the 1994-95
fiscal year:
Jurisdiction Amount
Alameda .......................... $ 9,912,156
Alpine ........................... 58,757
Amador ........................... 265,707
Butte ............................ 1,217,052
Calaveras ........................ 310,331
Colusa ........................... 397,468
Contra Costa ..................... 4,168,194
Del Norte ........................ 553,730
El Dorado ........................ 1,028,349
Fresno ........................... 3,695,633
Glenn ............................ 360,974
Humboldt ......................... 1,025,583
Imperial ......................... 1,144,661
Inyo ............................. 614,920
Kern ............................. 5,530,972
Kings............................. 982,208
Lake ............................. 375,570
Lassen ........................... 430,163
Los Angeles ...................... 71,002,129
Madera ........................... 1,042,797
Marin ............................ 2,111,712
Mariposa ......................... 135,457
Mendocino ........................ 717,075
Merced ........................... 1,733,156
Modoc ............................ 104,729
Mono ............................. 415,136
Monterey ......................... 3,330,125
Napa ............................. 719,168
Nevada ........................... 1,220,686
Orange ........................... 19,572,810
Placer ........................... 1,243,754
Plumas ........................... 193,772
Riverside ........................ 7,681,744
Sacramento ....................... 5,937,204
San Benito ....................... 302,324
San Bernardino ................... 8,511,193
San Diego ........................ 16,166,735
San Francisco .................... 4,046,107
San Joaquin ...................... 3,562,835
San Luis Obispo .................. 2,036,515
San Mateo ........................ 4,831,497
Santa Barbara .................... 3,277,610
Santa Clara ...................... 11,597,583
Santa Cruz ....................... 1,902,096
Shasta ........................... 1,044,700
Sierra ........................... 42,533
Siskiyou ......................... 615,581
Solano ........................... 2,708,758
Sonoma ........................... 2,316,999
Stanislaus ....................... 1,855,169
Sutter ........................... 678,681
Tehama ........................... 640,303
Trinity .......................... 137,087
Tulare ........................... 1,840,422
Tuolumne ......................... 361,665
Ventura .......................... 4,575,349
Yolo ............................. 880,798
Yuba ............................. 289,325
(3) Except as otherwise specifically provided in this section,
county remittances specified in paragraphs (1) and (2) shall not be
increased in subsequent years.
(4) Except for those counties with a population of 70,000, or
less, on January 1, 1996, the amount a county is required to remit
pursuant to paragraph (1) shall be adjusted by the amount equal to
any adjustment resulting from the procedures in subdivisions (c) and
(d) of Section 77201 as that section read on June 30, 1998, to the
extent a county filed an appeal with the Controller with respect to
the findings made by the Department of Finance. This paragraph shall
not be construed to establish a new appeal process beyond what was
provided by Section 77201, as that section read on June 30, 1998.
(5) Any change in statute or rule of court that either reduces the
bail schedule or redirects or reduces a county's portion of fee,
fine, and forfeiture revenue to an amount that is less than (A) the
fees, fines, and forfeitures retained by that county, and (B) the
county's portion of fines and forfeitures transmitted to the state in
the 1994-95 fiscal year, shall reduce that county's remittance
specified in paragraph (2) of this subdivision by an equal amount.
Nothing in this paragraph is intended to limit judicial sentencing
discretion.
(c) Nothing in this section is intended to relieve a county of the
responsibility to provide necessary and suitable court facilities
pursuant to Section 68073.
(d) Nothing in this section is intended to relieve a county of the
responsibility for justice-related expenses not included in Section
77003 which are otherwise required of the county by law, including,
but not limited to, indigent defense representation and
investigation, and payment of youth authority charges.
(e) County base year remittance requirements specified in
paragraph (2) of subdivision (b) incorporate specific reductions to
reflect those instances where the Department of Finance has
determined that a county's remittance to both the General Fund and
the Trial Court Trust Fund during the 1994-95 fiscal year exceeded
the aggregate amount of state funding from the General Fund and the
Trial Court Trust Fund. The amount of the reduction was determined
by calculating the difference between the amount the county remitted
to the General Fund and the Trial Court Trust Fund and the aggregate
amount of state support from the General Fund and the Trial Court
Trust Fund allocated to the county's trial courts. In making its
determination of whether a county is entitled to a reduction pursuant
to that paragraph, the Department of Finance subtracted from county
revenues remitted to the state, all moneys derived from the fee
required by Section 42007.1 of the Vehicle Code and the parking
surcharge required by subdivision (c) of Section 76000.
(f) Notwithstanding subdivision (e), the Department of Finance
shall not reduce a county's base-year remittance requirement, as
specified in paragraph (2) of subdivision (b), if the county's trial
court funding allocation was modified pursuant to the amendments to
the allocation formula set forth in paragraph (4) of subdivision (d)
of Section 77200, as amended by Chapter 2 of the Statutes of 1993, to
provide a stable level of funding for small county courts in
response to reductions in the General Fund support for the trial
courts.
(g) In any fiscal year in which a county of the first class pays
the employer-paid retirement contribution for court employees, or any
other employees of the county who provide a service to the court,
and the amounts of those payments are charged to the budget of the
courts, the sum the county is required to pay to the state pursuant
to paragraph (1) of subdivision (b) shall be increased by the actual
amount charged to the trial court up to twenty-three million five
hundred twenty-seven thousand nine hundred forty-nine dollars
($23,527,949) in that fiscal year. The county and the trial court
shall report to the Controller and the Department of Finance the
actual amount charged in that fiscal year.
(h) This section shall become operative on July 1, 1999.
SEC. 6.
SEC. 12. Section 77212 of the Government Code is amended to
read:
77212. (a) The State of California, the counties of California,
and the trial courts of California, recognize that a unique and
interdependent relationship has evolved between the courts and the
counties over a sustained period of time. While it is the intent of
this act to transfer all fiscal responsibility for the support of the
trial courts from the counties to the State of California, it is
imperative that the activities of the state, the counties, and the
trial courts be maintained in a manner that ensures that services to
the people of California not be disrupted. Therefore, to this end,
during the 1997-98 fiscal year, commencing on July 1, 1997, counties
shall continue to provide and courts shall continue to use, county
services provided to the trial courts on July 1, 1997, including, but
not limited to: auditor/controller services, coordination of
telephone services, data processing and information technology
services, procurement, human resources services, affirmative action
services, treasurer/tax collector services, county counsel services,
facilities management, and legal representation. These services shall
be provided to the court at a rate that shall not exceed the costs
of providing similar services to county departments or special
districts. If the cost was not included in the county base pursuant
to paragraph (1) of subdivision (b) of Section 77201 or was not
otherwise charged to the court prior to July 1, 1997, and were court
operation costs as defined in Section 77003 in fiscal year 1994-95,
the court may seek adjustment of the amount the county is required to
submit to the state pursuant Section 77201.
(b) In fiscal year 1998-99 commencing on July 1, 1998, and
thereafter the county may give notice to the court that the county
will no longer provide a specific service except that the county
shall cooperate with the court to ensure that a vital service for the
court shall be available from the county or other entities that
provide such services. The notice must be given at least 90 days
prior to the end of the fiscal year and shall be effective only upon
the first day of the succeeding fiscal year.
(c) In fiscal year 1998-99, commencing on July 1, 1998, and
thereafter, the court may give notice to the county that the court
will no longer use a specific county service. The notice shall be
given at least 90 days prior to the end of the fiscal year and shall
be effective only upon the first day of the succeeding fiscal year.
However, for three years from the effective date of this section, a
court shall not terminate a service that involved the acquisition of
equipment, including, but not limited to, computer and data
processing systems, financed by a long-term financing plan whereby
the county is dependent upon the court's continued financial support
for a portion of the cost of the acquisition.
(d) (1) If a trial court desires to receive or continue to receive
a specific service from a county or city and county as provided in
subdivision (c), and the county or city and county desires to provide
or continue to provide that service as provided in subdivision (b),
the presiding judge of that court and the county or city and county
shall enter into a contract for that service. The contract shall
identify the scope of service, method of service delivery, term of
agreement, anticipated service outcomes, and the cost of the service.
The court and the county or city and county shall cooperate in
developing and implementing the contract.
(2) This subdivision applies to services to be provided in fiscal
year 1999-2000 and thereafter.
SEC. 7.
SEC. 13. Section 77654 of the Government Code is amended to
read:
77654. (a) The task force shall be appointed on or before October
1, 1997.
(b) The task force shall meet and establish its operating
procedures on or before September 1, 1998, and submit its plan for
the entire review of court facilities by October 1, 1998, to the
Judicial Council, Legislature, and Governor.
(c) The task force shall review all available court facility
standards and make preliminary determinations of acceptable standards
for construction, renovation, and remodeling of court facilities,
and shall report those preliminary determinations to the Judicial
Council, the Legislature, and the Governor in an interim report on or
before July 1, 1999.
(d) The task force shall complete a survey of all trial and
appellate court facilities in the state and report its findings to
the Judicial Council, the Legislature, and the Governor in a second
interim report on or before January 1, 2001. The report shall
document all of the following:
(1) The state of existing court facilities.
(2) The need for new or modified court facilities.
(3) The currently available funding options for constructing or
renovating court facilities.
(4) The impact which creating additional judgeships has upon court
facility and other justice system facility needs.
(5) The effects which trial court coordination and consolidation
have upon court and justice system facilities needs.
(6) Administrative and operational changes which can reduce or
mitigate the need for added court or justice system facilities.
(7) Recommendations for specific funding responsibilities among
the entities of government including full state responsibility, full
county responsibility, or shared responsibility.
(8) A proposed transition plan if responsibility is to be changed.
(9) Recommendations regarding funding sources for court facilities
and funding mechanisms to support court facilities.
(e) The interim reports shall be circulated for comment to the
counties, the judiciary, the Legislature, and the Governor. The task
force may also circulate these reports to users of the court
facilities.
(f) The task force shall submit a final report to the Judicial
Council, the Legislature, and the Governor on or before July 1, 2001.
The report shall include all elements of the interim reports
incorporating any changes recommended by the task force in response
to comments received.
(g) Notwithstanding any other provision of law, during the period
from July 1, 1997, to June 30, 2001, the board of supervisors of each
county shall be responsible for providing suitable and necessary
facilities for judicial officers and court support staff for judicial
positions created prior to July 1, 1996, to the extent required by
Section 68073. The board of supervisors of each county shall also be
responsible for providing suitable and necessary facilities for
judicial officers and court support staff for judgeships authorized
by statutes chaptered in 1996 to the extent required by Section
68073, provided that the board of supervisors agrees that new
facilities are either not required or that the county is willing to
provide funding for court facilities. Unless a court and a county
otherwise mutually agree, the state shall assume responsibility for
suitable and necessary facilities for judicial officers and support
staff for any judgeships authorized during the period from January 1,
1998, to June 30, 2001. If, however, the state assumes full
responsibility for court facilities after June 30, 2001, a county
shall be reimbursed for costs incurred by the county general fund for
new court facilities constructed or under construction between
January 1, 2000, and the date of the state assumption of
responsibility for court facilities. If the state assumes a shared
responsibility for court facilities after June 30, 2001, a county
shall be reimbursed for costs incurred by the county general fund for
new court facilities constructed or under construction between
January 1, 2000, and the date of the state assumption of shared
responsibility for court facilities, in the same proportion as the
state's responsibility for court facilities after June 30, 2001.
SEC. 8.
SEC. 14. Section 1037 of the Penal Code is amended to read:
1037. (a) When a court orders a change of venue to a court in
another county all costs incurred by that court or county, which are
not payable pursuant to Section 4750, for the transfer, preparation
and trial of the action, the guarding, keeping and transportation of
the prisoner, any appeal or other proceeding relating to the action
and execution of the sentence shall be a charge against the court or
the county in which the action originated. Costs that are included
in the definition of court operations as defined in Section 77003 of
the Government Code and Rule 810 of the California Rules of Court
shall be considered court costs and are a charge against the court in
the county in which the action originated. All other costs shall be
considered county costs and are a charge against the county in which
the action originated.
(b) Claims for the costs described in subdivision (a) shall be
forwarded to the treasurer and auditor of the county in which the
action originated. The treasurer shall pay the amount of county
costs out of the general funds of the county. The presiding judge of
the court, or his or her designee, shall authorize, and the
treasurer shall pay, the amount of court costs out of the Trial Court
Operations Fund as directed by the court.
(c) The term "all costs" means all reasonable and necessary costs
incurred by the county as a result of the change of venue which would
not have been incurred but for the change, and does not include
normal salaries, overhead, and other expenses which would have been
incurred by the county in any event.
(d) The trial court may, in its sound discretion, approve any cost
as reasonable and necessary under this section. Prior to the trial
court's issuing any order approving such a cost, the clerk shall give
10 days' written notice of the court's intention to issue an order
to the auditor of the county in which the action originated. The
auditor may appear for the limited purpose of opposing the issuance
of the order. If he or she fails to appear, the county of origin may
not in any other proceeding contest the imposition of these costs.
SEC. 9.
SEC. 15. Section 100 of the Welfare and Institutions Code is
amended to read:
100. The Judicial Council shall establish a planning and advisory
group consisting of appropriate professional and program specialists
to recommend on the development of program guidelines and funding
procedures consistent with this chapter. At a minimum, the council
shall adopt program guidelines consistent with the guidelines
established by the National Court Appointed Special Advocate
Association, and with California law; but the council may require
additional or more stringent standards. State funding shall be
contingent on a program adopting and adhering to the program
guidelines adopted by the council.
The program guidelines adopted by the council shall be adopted and
incorporated into local rules of court by each participating
superior court as a prerequisite to funding pursuant to this chapter.
The council shall adopt program guidelines and criteria for
funding which encourage multicounty CASA programs where appropriate,
and shall in no case provide for funding more than one program per
county.
The council shall establish in a timely fashion a
request-for-proposal process to establish, maintain, or expand local
CASA programs and require local matching funds or in-kind funds equal
to the proposal request. The maximum state grant per county program
per year shall not exceed thirty-five thousand dollars ($35,000) in
counties in which the population is less than 700,000 and shall not
exceed fifty thousand dollars ($50,000) in counties in which the
population is 700,000 or more, according to the annual population
report provided by the Department of Finance.
SEC. 10.
SEC. 16. Section 326 of the Welfare and Institutions Code is
amended to read:
326. (a) For the purposes of Child Abuse Prevention
and Treatment Act grants to states (Public Law 93-247), in all cases
in which there is filed a petition based upon alleged neglect or
abuse of the minor, or in which a prosecution is initiated under the
Penal Code arising from neglect or abuse of the minor, the probation
officer or a social worker who files a petition under this chapter
shall be the guardian ad litem to represent the interests of the
minor in proceedings under this chapter, unless the court shall
appoint another adult as guardian ad litem. However, the guardian ad
litem shall not be the attorney responsible for presenting evidence
alleging child abuse or neglect in judicial proceedings. No bond
shall be required from any guardian ad litem acting under this
section.
(b) This section shall become inoperative on July 1, 2000, and as
of January 1, 2001, shall be repealed.
SEC. 17. Section 326.5 is added to the Welfare and Institutions
Code, to read:
326.5. The Judicial Council shall adopt a rule of court,
effective July 1, 2000, in compliance with the Child Abuse Prevention
and Treatment Act (Public Law 93-247) that requires the appointment
of a guardian ad litem, who may be an attorney or a court appointed
special advocate, for minors in cases in which there is filed a
petition based upon neglect or abuse of the minor or in which a
prosecution is initiated under the Penal Code arising from neglect or
abuse of a minor. The rule may include guidelines to the courts for
determining when an attorney should be appointed instead of a court
appointed special advocate and caseload standards for attorneys and
court appointed special advocates.
SEC. 18. The Legislature hereby declares that Section 811.9 of the
Government Code, as added by this act, shall not be interpreted as
applicable to, nor indicative of legislative preference of, an
employment status for trial court employees. The Legislature
recognizes that pursuant to Chapter 850 of the Statutes of 1997, the
Task Force on Trial Court Employees will make recommendations to the
Legislature regarding the status of trial court employees and any
such determinations may be enacted in subsequent legislation.
SEC. 19. Notwithstanding Section 17610 of the Government
Code, if the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part
7 (commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.